SENATE BILL REPORT

SB 5410

BYSenators Talmadge, Murray and Wojahn

Addressing workplace hazards and pregnancy.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 23, 1989

Senate Staff:Jack Brummel (786-7428)

AS OF FEBRUARY 22, 1989

BACKGROUND:

There is increasing evidence that exposure to substances found in the workplace may pose a hazard to employees' reproductive systems or to fetuses.  Infertility can result in either sex from occupational exposure to hazardous substances.  Exposure during pregnancy can result in spontaneous abortion, prematurity or low birth weight, birth defects, abnormal growth and development, or childhood cancer.  Male exposure can also result in adverse pregnancy outcomes.  Some employees, because of a potential threat to their reproductive capacity, may face discrimination in the terms or conditions of their employment.

SUMMARY:

The Worker and Community Right to Know Act of 1984 is amended to: (1) declare a concern with workplace hazards to reproductive capacity and discrimination in employment because of the use of substances harmful to pregnant women and unborn children; (2) direct the Department of Labor and Industries' right to know advisory council to advise the department on the revision of state exposure standards to avoid impairment of reproductive functional capacity, birth defects, or contamination of breast milk; and (3) inform prospective and current employees of any substances which may pose a hazard to an employee's reproductive system or to a fetus.

Chapter 49.44 RCW dealing with prohibited employment practices is amended to prohibit compulsory sterilization and prohibits reproductive status from being a criterion of employment.

The Washington Industrial Safety and Health Act of 1973 is amended to direct the Department of Labor and Industries to establish standards for job modifications for employees exposed to substances which may be hazardous to the reproductive function or which may contaminate breast milk.

The Department of Social and Health Services is directed to establish a telephone information service on substances potentially harmful to a fetus through the poison control network centers.

The state's law against discrimination is amended to provide the right to be free from discrimination because of reproductive status.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 20, 1989